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The life sciences industry places a premium on innovation at the highest levels, whether that's in cutting-edge scientific discovery or the complex business transactions driving the industry forward today. Morrison & Foerster's Global Life Sciences Practice is comprised of corporate, transactional, intellectual property, and litigation attorneys who share the value our clients place on this marriage of scientific and business success. We bring superior technical knowledge and business experience for our clients working at the pinnacle of innovation.

We represent more than 600 life sciences companies, research institutions, and venture capital funds and investments banks that finance them. With more than 180 life sciences lawyers around the world, our fully-integrated team has the depth of practice and global reach that are critical in today’s global life sciences market.

We have cultivated a practice that, like our clients' businesses, is driven by science. We count among our practitioners 62 PhDs in relevant scientific disciplines. Our knowledge and superior experience in the pharmaceutical, biologics, diagnostics, personalized medicine, medical device, medicinal chemicals, and vaccine fields means that we understand the complex technologies at the heart of our clients' businesses.

Among our resources is one of the largest and most recognized patent practices devoted to life sciences of any full-service law firm, with attorneys who have been involved in the development of the life sciences industry for decades. With deep understanding of how patents fit into a company's larger business model and commercial strategy, our patent attorneys assist clients with developing and monetizing their patent portfolios, crafting an IP strategy that aligns with their business objectives and goals, and providing counsel to ensure our clients' remain competitive in the industry.

It's this combination of scientific prowess and the acumen of our business lawyers and litigators that sets our practice apart. Our corporate attorneys advise life sciences companies on issues involving corporate governance and formation, mergers and acquisitions, public offerings, and public and private debt and equity financing transactions. Since 2004, we have represented life sciences clients in more than 100 venture capital financings valued in total at over $1 billion and completed more than 100 public finance and M&A transactions in the life sciences sector. Our technology transactions attorneys are leaders in structuring and negotiating licensing and strategic collaboration agreements; joint ventures; manufacturing, supply and distribution agreements; marketing agreements; technology transfers; and pre-clinical and clinical trial arrangements.

Our life sciences litigators are extolled for their work on IP, product liability, employment and labor, appellate, securities, antitrust, white collar criminal defense, trade secrets, and commercial litigation matters. Aggressively defending our clients' interests, our team is among the most active litigation department in the world and is renowned in the courtroom and, whenever possible, for keeping our clients out of the courtroom.

Our practice is truly global – one of very few firms that can say that. Our life sciences team includes attorneys across the U.S., Europe, and throughout Asia. In Japan, our size and depth of practice are unparalleled by any other international law firm. We represent some of the largest and most active participants in the Japanese biotechnology, medical technology, and pharmaceutical industries, as well as counseling both Japanese and international clients on work related to emerging life sciences companies in Japan and around the world. In China, we are helping clients enter, expand within, or grow outside of the Chinese life sciences market.

MoFo is on the cutting edge of the global interplay between science and business. With our depth of technological expertise, wealth of business insight, renowned legal skill, and global presence, our attorneys are helping clients strike the balance between innovative discovery and purposeful business planning to assure their continued success.

Alcon

Represented Alcon, the eye care division of Novartis, in a major collaboration with Google to develop and commercialize a glucose-sensing contact lens for use by diabetic patients, and an accommodating intraocular and contact lenses to restore the eye’s autofocus.

Represented DaVita Inc. in its $4.42 billion acquisition of HealthCare Partners, LLC and its $3.05 billion acquisition of the U.S. renal care business of Gambro AB.

CNS Therapeutics

Represented CNS Therapeutics from its inception including through two venture financings, a loan facility, patent strategy, licensing and development agreements, critical manufacturing and supply agreements, trademark applications, and ultimately in its sale to the Mallinckrodt division of Covidien for $100 million.

Hanhai Investments Inc.

Advise the U.S. subsidiary of China’s largest operator of life sciences and high tech incubator facilities on the acquisition and development a biotech incubator campus on the San Francisco Peninsula.

(District of Delaware). Represented Abraxis BioScience in defending its lead product, Abraxane, against claims by Elan Pharmaceutical of infringing Elan’s patents for coated nanoparticles used to deliver paclitaxel for the treatment of metastatic breast cancer. This was the first nanotechnology patent case taken to jury trial. The case settled in 2011.

(Northern District of California, Federal Circuit Court of Appeals). Represented Bayer HealthCare in one of the most significant patent cases in recent history. The Federal Circuit used the case to address the doctrine of inequitable conduct, which the court described as the “atomic bomb” of patent law because, if proved, it renders an entire patent (and sometimes related patents) unenforceable. The district court had agreed with Bayer that Abbott’s patent was unenforceable, and a three-judge panel of the Federal Circuit affirmed. The Federal Circuit heard the case en banc, affirmed Bayer’s overall victory in the case, and significantly altered the law of inequitable conduct (including adopting a number of changes urged by Bayer). More than 40 amicus briefs were filed, and the United States Patent and Trademark Office filed a brief and argued. On remand, Bayer again prevailed on inequitable conduct, even under the new, tougher standard.

Good Manufacturing Practices Investigation

Representing a former senior executive of a Fortune 500 health care and pharmaceutical company in connection with an investigation of the company’s good manufacturing practices (“GMP”) and recall of children’s medication.

Lethal Injection Matters

Worked with a major pharmaceutical company to stop the states of Missouri and Texas from using a significant anesthesia drug in their executions. Faced with the threat of litigation, both states chose alternative methods for lethal injection. Our work helped to prevent a catastrophic drug shortage, as the European Union, which publicly opposes executions and had previously banned the export of drugs used in lethal injections, threatened to impose export restrictions if this drug was used for executions anywhere in the United States.

U.S. News – Best Lawyers® Best Law Firms 2018 National: Biotechnology Law (Tier 1) Los Angeles: Biotechnology Law (Tier 1) San Diego: Biotechnology Law (Tier 1) San Francisco: Biotechnology Law (Tier 1)

“Solid teams in the USA and Asia offer broad expertise in transactions and IP work. Noted for its capabilities in capital markets transactions and is well known for patent matters, providing specialists for litigation and prosecution. Assists key international clients in the life sciences sector.” (Chambers Global 2017)

“Clients say cases are run efficiently, effectively, with consideration of the budget and ultimately end up in an agreeable outcome.” (Chambers USA 2017)

“Particularly well known for its outstanding IP litigation, prosecution and licensing capabilities. Also adept at handling significant transactions in the sector, including strategic alliances and M&A.” (Chambers USA 2015)

“Active in the corporate transactions space and also well known for IP work in the USA and Europe. Provides strategic advice to clients in relation to acquisitions and collaborations.” (Chambers Global 2015)

“Handles significant corporate transactions for leading life sciences clients, including M&A, strategic partnerships and IPOs. Also offers outstanding expertise in IP licensing and enforcement matters in the USA, with strong support from teams in Japan and China.” (Chambers Global 2014)

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“Handles significant corporate transactions for leading life sciences clients, including M&A, strategic partnerships and IPOs. Also offers outstanding expertise in IP licensing and enforcement matters in the USA, with strong support from teams in Japan and China.” (Chambers Global )

Recognized by U.S. News – Best Lawyers® Best Law Firms 2018 as a Tier 1 firm in biotechnology law.

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